Is privacy a fundamental right?

The government is pushing for Aadhaar but critics say it violates privacy, is vulnerable to data breaches and helps government spy on people. The Centre has maintained that right to privacy is not a fundamental right and citizens are not guaranteed the right to privacy under the Indian Constitution. The petitioner’s counsel in the Aadhaar case, has compared the situation to one under a totalitarian state where people were being forcefully tagged and tracked by the Centre. The Supreme Court’s nine-judge constitution bench would revisit its rulings that said the right to privacy was not a fundamental right and then hear petitions against the 12-digit biometric identity number.

• An eight-judge bench in 1954 and also by a six-judge bench in 1962 ruled that privacy is not a fundamental right in the constitutional provisions. Textually it is correct today that there is no right to privacy in the Constitution. Even freedom of press is not expressly stated but courts has interpreted it.
• Whether there is any “right to privacy” guaranteed under our Constitution or not and if such a right exists, what is the source and what are the contours of such a right as there is no express provision in the constitution.
• Supreme Court in case after case realised that the rights to liberty and freedom of expression cannot survive if the right to privacy is compromised. Privacy is crucial in digital age. A democracy cannot exist without the Right to Privacy.
• Without right to privacy, the fundamental rights guaranteed under the Constitution of India and more particularly the right to liberty under Article 21 would be denuded of vigour and vitality.
• Privacy can reside in several articles. Lack of privacy can have a chilling effect, triggering freedom of speech protections under Article 19(2). The question of protecting privacy could not depend on first determining the location of the right to privacy. History teaches us that without privacy, the consequences are unimaginable.
• The relationship of the right to privacy with Aadhaar enrolment is what complicates everything. The government is pushing for Aadhaar, saying it is necessary to plug leakages in subsidy schemes and to ensure benefits reach those targeted but critics say the move violates privacy, is vulnerable to data breaches and helps government spy on people.
• If the object of Aadhaar is smoothly functioning government benefit schemes, why give law enforcement agencies or indeed anyone else access to the database at all?
• The Aadhaar Bill has been passed with no public consultation about the privacy safeguards necessary for such a database and no provision for public or independent oversight. The rights to liberty and freedom of expression cannot survive if the right to privacy is compromised.
• Allowing Aadhaar to go ahead unchecked in the manner, seeking linking aadhaar to almost every transaction and aspect in life, is effectively reducing the citizen into a 12-digit number and transforming the country into a concentration camp for the citizens.
• Aadhaar has had an invasive and controversial presence well before the government’s attempt to legitimise it. Our Attorney General (funded by our taxes) has argued that we have no right to privacy. Attorney General KK Venugopal argument that the framers of India’s Constitution “consciously omitted” privacy as a fundamental right is his imagination in wrong direction. Any version of the Aadhaar Bill would have been subjected to close scrutiny. The Bill was deliberately mislabelled as a money bill to avoid scrutiny by Rajya Sabha creating even more suspicion.
• Privacy is an amorphous term which is not absolute and cannot prevent the State from making laws imposing reasonable restrictions on citizens. Attempting to define the right to privacy may cause more harm than good.
• In order to recognise privacy as a right, it would have to be defined first. But this would be a near impossible task as an element of privacy pervaded all fundamental rights enshrined in the Constitution.
• Right to privacy is a pre-existing natural right which is inherent in the Constitution, even though it is not explicitly mentioned. The right to privacy is recognised as a fundamental right under Article 21 of the Constitution. The concept of privacy is embedded in liberty as well as a person's honour.
• Even if the court now finally finds that Aadhaar violates the right to privacy, the damage is already done with the vast majority of the population already enrolled, their information already held in insecure databases, and linked to public and private services. We should all, of course, be praying that the court finds that there are 40 years of consistent judicial support for a fundamental right to privacy, and this cannot be taken away by the government so callously.

Privacy is essential to autonomy and the protection of human dignity. Privacy enables us to create boundaries and protect ourselves from unwarranted interference in our lives. Privacy protects us from arbitrary and unjustified use of power by states, companies and other actors. It lets us regulate what can be known about us and done to us, while protecting us from others who may wish to exert control. Privacy is a fundamental human right. Over 130 countries have constitutional statements regarding the protection of privacy. Despite international human rights law, it’s all too common that privacy is violated by states and companies. While we should continue to fight for our privacy under the law, the best thing we can do as users to who value our right to anonymity, is to use internet tools. 

My View:
This BJP/NDA government headed by Modi by aggressively promoting expensive cashless transactions with artificial cash shortage is just like sales chief of those companies rather than leader of the nation. He has no respect for rights of citizens. His aim is to increase revenues not by promoting economic activity but by tracking almost all transactions and arm twisting people and collecting more taxes for funding his trophy projects and worthless ideas while leaving poor & peasants in distress. Can you imagine leader of largest democracy in the world arguing in Supreme Court that citizens, who elected him, have no right to privacy except what ever is granted by his stupid brains? His thinking doesn't understand that privacy is fundamental right of humans and doesn't require any constitution or laws for recognizing this.